Notice Of Public Hearing And Consultation No. 2/2015: New Technical Regulations For The Application Of The Resources Referred To In The Clause Of Research, Development And Innovation

Keywords: Brazil, energy, ANP,

The National Agency for Petroleum, Natural Gas and Biofuels ("ANP") recently published the Notice of Public Hearing and Consultation No. 2/2015 ("Notice") in order to publicize the new alterations made by ANP within the revision process of ANP's Resolution No. 33/2005 and ANP's Technical Regulation No. 05/2005, which deal with the rules of application of the resources referred to in the Clause of Research, Development and Innovation ("R&D Clause") of the Concession Contracts for exploration, development and production of oil and gas. The new suggested alterations are the consequence of the result of Public Consultation No. 10/2014 about the subject.

One of the provisions introduced by the new draft Resolution is the creation of a Technical-Scientific Committee - COMTEC within ANP, whose main attribution is to establish directives for the application of resources referred to in the R&D Clause on Universities and Research Institutes registered in ANP or on Brazilian goods and service suppliers. The suggestion is that the COMTEC should be composed of eight members, including representatives from Brazilian suppliers and R&D institutions, and presided by ANP's General Director. The Superintendence for Research and Technological Development would exercise the function of Executive Secretary of the COMTEC.

With regard to the attributions foreseen, the COMTEC would be able to determine the minimum percentage for resources allocation in projects or programs of the sector's interest, observing: (i) defined priorities regarding themes, programs and projects; (ii) technological demands presented by companies that are part of the supply chain of goods and services in the oil, natural gas and biofuels industry; and (iii) incentives for the decentralization of the activities of research, development and innovation for the sector.

The Public Consultation procedure will end on January 26, 2015. The Public...